Common use of Indemnification of the Manager Clause in Contracts

Indemnification of the Manager. (a) To the fullest extent permitted by applicable law, the Manager shall be indemnified by the Trust (including indemnification against negligence, gross negligence or breach of duty) from and against any losses, judgments, liabilities, expenses (including reasonable legal fees and expenses) and amounts paid in settlement of any claims and demands whatsoever sustained by it in connection with its activities for the Trust, provided that such liability or loss was not the result of actual fraud or willful misconduct on the part of the Manager. Any such indemnification will only be recoverable from the Trust Estate or any applicable insurance. All rights to indemnification permitted herein and payment of associated expenses shall not be affected by the Manager’s dissolution or other cessation to exist, the Manager’s withdrawal or removal, or a Bankruptcy Event with respect to the Manager.

Indemnification of the Manager. (a) To the fullest extent permitted by applicable law, the Manager shall be indemnified by the Trust (including without limitation indemnification against negligence, gross negligence or breach of duty) from and against any losses, judgments, liabilities, expenses (including reasonable legal fees and expenses) and amounts paid in settlement of any claims and demands whatsoever sustained by it in connection with its activities for the Trust, provided that such liability or loss was not the result of actual fraud or willful misconduct on the part of the Manager. Any such indemnification will only be recoverable from the Trust Estate or any applicable insurance. All rights to indemnification permitted herein and payment of associated expenses shall not be affected by the Manager’s dissolution or other cessation to exist, the Manager’s withdrawal or removal, or a Bankruptcy Event with respect to the Manager.